A child in a medical facility is eligible for aid to families with dependent children (AFDC), medical assistance only (MAO), or state-paid foster care assistance if:

1. (1) the child meets the general eligibility requirements specified in §700.316 of this title (relating to Eligibility Requirements for AFDC, MAO, and State-paid Foster Care Assistance); and

2. (2) both of the following conditions apply:

   1. (A) the Texas Department of Protective and Regulatory Services (PRS) is responsible for the child's care and placement;
   2. (B) PRS plans to place the child in a foster care facility as soon as the child leaves the medical facility. PRS must proceed with the planned placement unless the child dies in the medical facility or there is a change in the court order or some other event occurs that clearly precludes making the placement.
3. (b) If court proceedings are initiated during the month of the child's admission to the medical facility, the child's eligibility for foster care assistance commences on the date of admission. If court proceedings are not initiated until the following month, the child's eligibility commences on the first day of the month in which the proceedings are initiated.

Source Note:The provisions of this §700.320 adopted to be effective October 31, 1984, 9 TexReg 5431; amended to be effective November 30, 1991, 16 TexReg 6213; amended to be effective February 1, 1992, 17 TexReg 327; transferred effective September 1, 1992, as published in the Texas Register September 11, 1992, 17 TexReg 6279.